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· 10/24/2023

State ex rel. Payne v. Rose

Citations

  • 174 Ohio St. 3d 162
  • 235 N.E.3d 392
  • 2023 Ohio 3801

Syllabus

Mandamus—Public-records requests—R.C. 149.43—When requested record is provided to requester by public office prior to instituting action, requester does not have a cognizable claim in mandamus—Writ and request for statutory damages denied.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that attorneys did not have third-party standing to assert the rights of hypothetical and unascertained future clients
  • holding that third-party standing requires (1) a close relationship to the right-holders, and (2) the right-holders must face hindrances to asserting their rights
  • concluding that “a future attorney-client relationship with as yet unascertained Michigan criminal defendants” was insufficiently close because the relationship was hypothetical
  • holding that attorneys did not have third-party standing to assert the rights of hypothetical and unascertained future clients
  • holding that attorneys lacked third party standing to assert the rights of future, as yet unascertained clients with whom “they ha[d] no relationship at all”
  • concluding that a “future attorney-client relationship with as yet unascertained” criminal defendants is not only not a close relationship but “no relationship at all”

Source: CourtListener parenthetical corpus (CC0).

Judges: Per Curiam

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.